Lawyer Nelson Havi has called on Chief Justice Martha Koome to direct the Kenya Judges and Magistrates Association (KJMA) to call off their industrial action fueled by the shooting of Makadara Principal Magistrate Monica Kivuti.
Taking to his official X account on Monday, June 17, 2024, Havi said that the industrial action called by judges, magistrates and judicial staffers was misinformed.
“First, murder is inappropriately used in your statement as a determination of whether or not a homicide is suicide, murder or manslaughter results from a trial. Second, investigate why the homicide occurred. Third, direct KMJA to call off their misinformed industrial action,” Havi told CJ Koome.
First, murder is inappropriately used in your statement as a determination of whether or not a homicide is suicide, murder or manslaughter results from a trial. Second, investigate why the homicide occurred. Third, direct KMJA to call off their misinformed industrial action. https://t.co/t6ae4ccaFk
— Nelson Havi (@NelsonHavi) June 17, 2024
The former Law Society of Kenya (LSK) President was reacting to CJ Koome’s latest statement on the operations of courts nationwide following the Makadara Law Courts shooting incident.
Koome on courts operation
Koome on Monday, June 17, 2024, directed that the courts remain operational from Wednesday, June 19, 2024.
Koome in her statement directed all courts nationwide to continue with their operations from Wednesday, 19, 2024, throughout the week, except for Makadara Law Courts which she says is still under re-evaluation for security purposes.
“Kivuti was a gallant officer who died protecting the rule of law, holding court in a tent and over lunch hour. The best way we can honour her commitment is by continuing to provide services in adherence to the Constitution and the rule of law.
“Consequently, courts nationwide will proceed with their operations on Wednesday, 19th; Thursday, 20th; and Friday, 21st; except for Makadara Law Courts, which is under re-evaluation for security purposes,” Koome said.
Havi now wants KMJA to call off their go-slow, in line with CJ Koome’s latest directive.
He joins LSK in condemning KMJA’s go-slow.
LSK President Faith Odhiambo in an interview with a local TV station on Sunday evening said the move is unconstitutional.
KMJA grievances
KMJA on Sunday, June 16, 2024, announced that they will abandon work from Wednesday, June 19 to Friday, June 21 to demand a better working environment.
KJMA president Stephen Radido said upon return to work, they want several safety measures implemented, such as the prohibition of firearms in courtrooms unless sanctioned by the courts.
They will also not allow any court users to appear in court while concealing their identities, he said.
“Members of the KMJA and the KJSA (Kenya Judiciary Staff Association) shall not conduct any Judicial Proceedings in the open air whether under a tent, container, any makeshift structure or otherwise,” Radido added.
Their concerns come after the Makadara Law Courts shooting incident in which Chief Inspector Kipruto forcibly entered the courtroom and opened fire at Magistrate Monica Kivuti after the court determined that his wife be remanded for violating her bond terms, police said.
Kivuti sustained gunshot wounds and was rushed to hospital where she succumbed while undergoing treatement.
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